CAMPBELL, John L. vs. Wm. BROWN, John H. SAMS, Wilson
Noah WHEELOCK, Charles REYNOLDS, Charles TIBBS, Wm. TUCKER,
Simeon W. ELDRIDGE
Compiled by Robert L. Bailey
After the Civil War, there are several court cases in which former Rebel sympathizers were sued for damages to property and person. These are examples of such cases. As time permits, more of these cases will be transcribed and posted.
CAMPBELL, John L. vs. Wm. BROWN, John H. SAMS, Wilson WHEELOCK, Noah WHEELOCK, Charles REYNOLDS, Charles TIBBS, Wm. TUCKER, Simeon W. ELDRIDGE - Circuit Court - 1865
Deposition of Isaac A. CLARK, Witness for the plaintiff in the above case taken upon notice on the 29th day of June 1866, at my office in the County of Roane State of Tennessee in the presence of the plaintiff and Defendants BROWN and SAMS. This witness Isaac A. CLARK aged forty one years having been duly sworn deposes as follows,
Q. 1: Mr. CLARK are you acquainted with the plaintiff John L. CAMPBELL and the defendants Wm. BROWN and John SAMS, W.S., N.W. WHELOCK.
Answer: Yes Sir.
Q. 2: Mr. CLARK please state was you present at the quartly court held in Kingston 1861 Oct. Turm.
Answer: I think I was.
Q. 3: Mr. CLARK please state was either of the defendants thare that day pleas state who of them.
Answer: If Either of the Defendants were there on that day I do not know it.
Q. 4: Was you at the quartly court at Kingston Roane County 1862 Oct. Turm.
Answer: I believe I was.
Q. 5: Pleas state was the plaintiff and some of the defendant thare of this case plese say who of them
Answer: I saw the plaintiff CAMPBELL and the Defendant SAMS there on that day.
Q. 6: Did you hear the Defendant SAMS report the plaintiff CAMPBELL to the Rebel provost that day as being a union man and did the plaintiff have to take the Rebel Oathe.
The Defendant SAMS Excepts to the question, as being irrelevent impurtent and not applicable to the case which Exception is sustained by the Court. Plaintiff appeas.
Answer: I did not hear the Defendant SAMS report the plaintiff CAMPBELL to the rebel Provo marshall that day but the plaintiff CAMPBELL was required to take the rebel oath on that day by the rebel Provomarshall.
Q. 9: Pleas state did you see any thing that led you to believe that SAMS did report him either by word or act.
Answer: I came into the Provo marshalls office on the day refered to in Company with the plaintiff CAMPBELL then and there I saw the Defendant SAMS. I asked the Provo to give to myself and the plaintiff CAMPELL a pass that we might leave town the Provo commenced writing as though he was preparing the pass for CAMPBELL and myself, at that time the Defendant SAMS steped out at the room door, the Provomarshall followed him was gone but a moment, when he returned he refused to give the plaintiff CAMPBELL a pass unless he would take the rebel oath.
Cross Examination by SAMS.
Question 1st by Deft. SAMS: Do you know what Sams went to Kingston for on the occasion refered to was he interceding for Union men if so who was it and what did he do for those men.
Ans.: I do not known for what purpose Mr. SAMS went to Kingston that day refered to. I saw and heard him interseeding on that day for one S.B. WHITE who was a Federal Union Soldier, who was also a prisoner in the hands of the rebels at that time. I heard the Defendant SAMS undertake as Surety for the said S.B. WHITE whereupon WHITE was released by the rebels.
Question 2nd: Where was you during the war, how Close did you live to SAMS. What position did you occupy in the Rebellion and to whom did union men look for protection for the Rebs in your neighborhood.
Objected to by plff. - objected overruled and appeal.
Answer: I was at home on my farm in Roane County Tennessee most of the time during the war. I lived in about one and a quarter miles of the residence of the of the Defendant SAMS I occupied the position of a union man. I know of one instance in which the defendant SAMS was applied to by a union man to get his property back from the rebels. I further know that the Defendant SAMS did go with the union man refered to, to the rebel camps. I heard the Defendant SAMS inquiring of the rebels about the property of the union man. I have also heard of divers instances of the kind in which the Defendant SAMS is said to have interseeded for union men.
Question 3rd by the Same: At the time you speak of The Rebel Authority requiring plaintiff to take the oath was that before or after the imprisonment of plff. if after how long. (I mean the subject matter of this suit.)
Answer: The arrest and imprisonment of the plaintiff took place in the fall of 1861, the plaintiff CAMPBELL was required to take the rebel oath in October 1862.
Question by the Defendant Brown. Did you hear the plaintiff Sworn in the case of POPE vs. BROWN & others if so what did he say was the conduct of Deft. BROWN on the occasion where the Rebes arrested him and how he acted on that occasion.
Answer: I heard the plaintiff CAMPBELL sworn in the case of POPE vs. BROWN, the Defendant in this case. I do not recollect all the plaintiff Stated when on Oath in the case refered to in reference to the conduct of the Defendant BROWN. I recollect of hearing him state when on oath that he saw the Defendant BROWN in company against which the suit refered to was brought, but that he did not hear BROWN say or do any thing this is my best recollection of his testimony in the case refered to.
Isaac A. CLARK.
29 Jun 1866
Deposition of Nancy GOINS, aged sixty nine years, 20 Oct 1865.
Question 1st: Was you at Mr. CAMPBELLS the Plaintiffs in the above case when the rebel solders arrested him.
Answer: I was there.
2nd: Did you or not see them have Mr. CAMPBELL tied that is hands tied behind his back.
Answer: I did see them have Mr. CAMPBELL with his hands tied behind his back.
3rd: Did you not See them after they have him tied shove about & pushed him up to Horse & tried to force him to get on said horse while his hands was thus tied.
Answer: I did see them thus do.
4: Did you not see them choke Mr. CAMPBELL & abuse him because he could not get on said Horse while tied.
Answer: I did.
Do you recollect about what time this conduct towards CAMPBELL taken place that you said.
Answer: about the 15th day of Novr. 1861
5th: do you recollect who they were or said they were themselves.
Answer: they said they was old Capt. ELDRIDGE company of rebel soldiers.
6th: What did you hear Mr. BROWN say to you when you first come up to the fince at Mr. CAMPBELL.
Answer: he met me at the land fence and asked me what Man was this that Lived here & I replied that he was one of the cleverest kind of men.
How did you know that this mans name was BROWN.
Answer : I asked another one of their that standing near by & heard him questioning me about Mr. CAMPBELL what his name was & he told me that his name was BROWN in BROWNS presents and he BROWN never denied his name but then turned off and went as though he was going out in the Lane to where they had Mr. CAMPBELL.
7th: Was this in the presents of Mr. CAMPBELLS family.
Answer: it was.
8th: Was Mrs. CAMPBELL in a condition to be thus alarmed.
Answer: She was not for when they Started off with Mr. CAMPBELL She fell in the road seeming to have Lost the use of her self intirely so much so that we her daughter and myself had to carry her in to the house for the rebs said when they started that they would hang Mr. CAMPBELL before noon down If they did not get his gun.
9th: Was Mrs. CAMPBELLS house furnature fixed in her house as you commonly saw it before that day when you was there.
Answer: it was not for some things were strewed about in the yard.
10th: What county did those take place in.
Answer: in Roane County, Tenn.
11th: What did you understand they was abusing Mr. CAMPBELL so for.
Answer: because Mr. CAMPBELL would not bring up his gun when he could not give it up to them.